Contact Us Today

973-898-0161

X

Common Mistakes People Make After a DUI Arrest in New Jersey

Being arrested for driving under the influence (DUI) in New Jersey is a stressful experience. It’s easy to feel overwhelmed and uncertain about what to do next. However, knowing what to avoid can make a significant difference in how your case proceeds. Here, we’ll discuss common mistakes people make after a DUI arrest in New Jersey and how they can affect your defense. We’ll also explore how the law firm of Gregg A. Wisotsky, Esq. can help you avoid these pitfalls and build a strong case.

1. Talking to the Police Without a Lawyer Present

After a DUI arrest, people often feel the need to explain themselves to law enforcement. Many believe that cooperating fully, without legal guidance, will somehow help. Unfortunately, anything you say can be used against you in court. Even seemingly innocent statements can harm your case. For example, if you admit to having “just one drink,” this could be twisted to support the prosecution’s claim of impairment.

What to do instead: Politely assert your right to remain silent and request legal counsel. It’s crucial to have an experienced attorney, like Gregg A. Wisotsky, Esq., present before you say anything. They will protect your rights and advise you on how to proceed without jeopardizing your defense.

2. Failing to Request an Independent Blood Test

In New Jersey, law enforcement often relies on breathalyzer tests to measure blood alcohol content (BAC). However, breathalyzers are not infallible. Errors in maintenance, calibration, or operation can lead to inaccurate results. Some arrested individuals don’t realize they can request an independent blood test at a medical facility, which can serve as additional evidence.

What to do instead: If possible, request an independent blood test as soon as possible after your arrest. Having accurate bloodwork could be helpful to your defense, especially if the breathalyzer results are questionable. An attorney can help you understand and navigate this process to strengthen your case.

3. Ignoring Your Court Date or Missing Paperwork Deadlines

It can be tempting to put off dealing with the paperwork and legal steps following a DUI arrest, but missing deadlines or ignoring a court date can result in serious consequences. Failing to show up for court or missing deadlines may lead to additional charges or penalties, like a bench warrant for your arrest.

What to do instead: Be proactive and organized with your legal documents and deadlines. Working with a skilled attorney, like Gregg A. Wisotsky, Esq., can help you stay on top of your obligations and ensure that all paperwork is submitted on time.

4. Posting About Your Arrest on Social Media

It may feel natural to talk about what happened on social media, whether to explain or vent about your experience. However, this is one of the most common and harmful mistakes people make after a DUI arrest. Prosecutors may use social media posts to paint a negative picture of you in court. Even seemingly harmless posts or comments from friends could be taken out of context and used to damage your case.

What to do instead: Avoid discussing your arrest, the details of your case, or your interactions with law enforcement on social media. It’s best to limit your communication about the case to your attorney. An experienced attorney can guide you on how to protect yourself from incriminating content that might impact your case.

5. Assuming a DUI Conviction Is Unavoidable

Many people believe that a DUI arrest automatically leads to a conviction. They may even consider pleading guilty without consulting an attorney, thinking it will save time and hassle. This belief is far from the truth. There are various legal defenses that an experienced attorney can use to challenge DUI charges. Evidence can be disputed, procedures questioned, and cases dismissed with the right representation.

What to do instead: Seek legal advice before making any decisions. Gregg A. Wisotsky, Esq. has years of experience handling DUI cases in New Jersey and can analyze your case to determine the best defense strategies. They can identify possible weaknesses in the prosecution’s case and work to minimize or even eliminate the charges against you.

6. Not Taking the Charges Seriously Enough

Some people think a DUI charge is minor and doesn’t require much attention. However, DUI charges in New Jersey carry serious penalties, including hefty fines, jail time, and long-term license suspension. Ignoring the severity of the charge can lead to lasting consequences that affect your work, finances, and personal life.

What to do instead: Treat your DUI charge with the seriousness it deserves. Hiring an attorney with experience in DUI defense is a crucial step. They can help you understand the implications of the charges and guide you through every step of your defense, ensuring that your rights are protected and your case is given the attention it deserves.

7. Trying to Handle Your Case Without Legal Representation

Many people believe they can handle a DUI charge on their own. They may assume they’ll just pay a fine, attend a class, and move on. However, DUI cases are complex and involve nuanced legal procedures. Without knowledge of New Jersey’s DUI laws, you could end up with harsher penalties than necessary. A lawyer can help you navigate this complicated process, negotiate with prosecutors, and advocate on your behalf.

What to do instead: Consult a DUI attorney as soon as possible after your arrest. Gregg A. Wisotsky, Esq. understands the complexities of DUI defense and can help you achieve the best possible outcome. By having professional representation, you can feel confident that you are making informed decisions about your case.

8. Ignoring Potential Defenses to Your DUI Charge

Some individuals assume there is no viable defense to a DUI charge, but this is not true. There are many potential defenses, such as questioning the legality of the traffic stop or the accuracy of the breathalyzer. Without an attorney, many defendants miss the opportunity to challenge evidence or pursue a favorable plea.

What to do instead: Contact an experienced DUI attorney to review the specifics of your case. Gregg A. Wisotsky, Esq. can investigate all aspects of your arrest and explore defense options you might not have considered. An attorney’s experience is essential to uncovering details that could help reduce or dismiss the charges.

9. Failing to Request a Hearing on License Suspension

In New Jersey, a DUI conviction often results in a driver’s license suspension. Many people are unaware that they can request a hearing to contest the suspension or negotiate for a limited license. Without requesting this hearing, you may be forced to endure the full term of suspension, impacting your work and personal life.

What to do instead: Speak with an attorney about your license suspension as soon as possible. An attorney can guide you through the process of requesting a hearing and advocate for your ability to keep your license or reduce the suspension period.

How Gregg A. Wisotsky, Esq. Can Help

A DUI arrest doesn’t have to mean a conviction or the maximum penalties. With a skilled attorney, you can challenge the charges, protect your rights, and pursue the best possible outcome. Gregg A. Wisotsky, Esq. offers thorough and personalized representation to help you navigate the DUI legal process in New Jersey.

Our firm has years of experience defending against DUI charges and understands the stakes involved. We will conduct a comprehensive investigation, identify weaknesses in the prosecution’s case, and explore all possible defenses. With our guidance, you can avoid common mistakes and protect your future.

Contact Us for a Free Consultation

If you or a loved one has been arrested for DUI in New Jersey, don’t wait. Contact the law office of Gregg A. Wisotsky, Esq. for a free phone consultation. We’ll take the time to understand your case, explain your options, and help you make the best choices for your defense. Let us put our experience to work for you and help you navigate this challenging time.

Contact Us

  • 0 of 500 max characters

Disclaimer : The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to me until such time as an attorney-client relationship has been established.

© 2025 Gregg A. Wisotsky, Esq. Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, Attorney at Law. All Rights Reserved.

Disclaimer|Site Map